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April 19, 2024
Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced
The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.
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April 19, 2024
Nestlé Strikes Deal Ending Gray-Market Drinks Trademark Row
Nestlé USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.
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April 19, 2024
Wrongful Detention Suit Illustrates Pitfalls Of ICE Lockups
A Salvadoran woman's recent lawsuit alleging immigration authorities locked her up for months despite her protected status highlights how authorized immigrants, and sometimes even U.S. citizens, can wind up being wrongfully detained, and how, with no right to counsel in immigration proceedings, it can prove difficult to free them.
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April 19, 2024
5th Circ. Revives Six Flags Investor Suit Again
The Fifth Circuit has once again restored a securities fraud class action against Six Flags over the amusement corporation's botched plans to expand in China, saying the lower court inappropriately decided the lead plaintiff lacked standing and wrongly denied another plaintiff a chance to lead the suit.
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April 19, 2024
Allergan To Face Kickback Claim In Suit Over Child Botox Use
A Texas federal judge has axed allegations that pharmaceutical company Allergan Inc. defrauded the U.S. government when it promoted the unapproved use of Botox to treat migraines in children but will allow claims that the company bribed doctors to conduct the procedure to move forward.
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April 19, 2024
Texas Justices Open Door To Axing $14M Truck Crash Verdict
What started as a monster $80 million trucking crash verdict but later was reduced to $13.7 million was put in further jeopardy Friday when the Texas Supreme Court found that a lower appeals court erroneously declined to hear challenges to how the injured truck driver's employment status was determined.
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April 19, 2024
Roku Beats Streaming-Tech Infringement Suit In Texas
A Texas federal jury on Friday cleared Roku Inc. on allegations that it infringed two Ioengine LLC patents with its various streaming players, while not addressing arguments that those patents should be invalidated.
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April 19, 2024
DOJ Can't Coordinate Google Ad Tech Discovery With Texas
A Virginia magistrate judge on Friday denied a request from the U.S. Department of Justice to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas.
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April 19, 2024
Ex-Paramedic Hits Harris County With Sex Bias Lawsuit
A former Houston-area paramedic is accusing a county emergency services provider of pushing her out of her job after she was sexually harassed even though she wasn't the one who reported the harassment.
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April 19, 2024
Trump's Trial Is Unprecedented. Attys On Juries? Not So Much
With two BigLaw attorneys tapped for the jury box in Donald Trump's first-in-history criminal case, Law360 spoke to trial vets who said their own experience in this tables-turned situation shows lawyers can make for highly engaged jurors under the right circumstances.
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April 19, 2024
Quinn Emanuel Fights Sanctions Bid Over Musk Deposition
Quinn Emanuel Urquhart & Sullivan LLP has protested a move by a man suing Elon Musk for defamation to sanction partner Alex Spiro for his conduct during a deposition of Musk, telling a Texas state court Spiro was simply speaking up to protect Musk's interests and that the plaintiff was taking part in "school-yard antics."
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April 19, 2024
Feds Say Fake Promoter Touted Beyonce, Nicki Minaj Shows
A man used claims that he was a big-time concert promoter to solicit over $1 million from investors using promises of large returns, but he used the money to fuel a Ponzi scheme and make personal purchases, federal prosecutors in Texas have alleged.
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April 19, 2024
Polsinelli Adds Shareholder To Tax Credit Practice In Dallas
An attorney who spent more than a decade developing a niche practice specializing in tax credit financing has moved her practice to Polsinelli PC's Dallas office after five years at Munsch Hardt Kopf & Harr PC.
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April 19, 2024
Paxton Can't Duck Ethics Suit Over 2020 Election Challenge
Texas Attorney General Ken Paxton must face the State Bar of Texas' ethics lawsuit over his attempts to reverse the results of the 2020 presidential election since the suit is against Paxton in his personal capacity and does not violate the separation of powers, a Texas appellate court has ruled.
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April 19, 2024
Atty In Tax Fraud Case Gets Supervised Release, $25K Fine
A former Houston lawyer whose conviction in connection with an $18 million tax scheme was overturned told a federal judge Friday that not testifying in his 2019 trial was "one of the worst mistakes" of his life as he was sentenced to a year of supervised release as part of a plea deal.
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April 19, 2024
Taxation With Representation: Kirkland, Cleary, O'Melveny
In this week's Taxation With Representation, Resideo Technologies Inc. announced plans to buy Snap One Holdings Corp., APi Group said it bought an elevator maintenance company, Prysmian said it agreed to purchase Encore Wire, and Sayari said it closed on an investment from TPG.
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April 18, 2024
You Can't Get Fees Without Asking First, Judge Tells Dell
U.S. District Judge Alan Albright on Thursday declined to order a patent litigation plaintiff to pay attorney fees after bringing a failed patent suit, finding that Dell failed to file any motion requesting fees despite claiming the case was "frivolous" and "meritless" from the start.
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April 18, 2024
Satellite Broadband Co. Faces Investor Suit Over Project Delay
Satellite manufacturer AST SpaceMobile Inc. was hit with an investor suit accusing it of concealing supply issues that prevented the timely launch of a satellite fleet intended to provide broadband services, leading to a 24% share price decline when the issues were eventually disclosed.
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April 18, 2024
Texas Says Justices' Takings Decision Saves Its Arrest Law
Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.
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April 18, 2024
Senate Bill Would Extend Small Biz Ch. 11 Debt Cap Increase
A bipartisan group of U.S. senators are pushing new legislation that would prevent the current $7.5 million debt eligibility cap for Subchapter V bankruptcies, a simplified Chapter 11 process for small businesses and individuals, from reverting to the previous limit of $2.7 million in June.
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April 18, 2024
Google Judge Notes Broad Reach Of Texas Ad Tech Claims
A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.
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April 18, 2024
Texas Can't Stop Income Program Meant To Help The Poor
A Houston judge on Thursday allowed a Harris County guaranteed income program to move forward, shutting down a bid from the Lone Star State to block the program less than a week before residents are scheduled to begin receiving payments.
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April 18, 2024
FCC Probing Causes Of 911 Outage Across Four States
The Federal Communications Commission said Thursday it will investigate what caused widespread 911 outages in Nevada, Texas, South Dakota and Nebraska.
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April 18, 2024
25 States Urge DC Circ. To Block EPA Auto Emissions Rules
Twenty-five Republican-led states on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans through 2032.
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April 18, 2024
Bank Regulators Appeal Texas Judge's Halt Of New CRA Rules
Federal regulators said Thursday that they are appealing a Texas federal judge's decision to block their rollout of new community lending rules amid a legal challenge from the banking industry.
Expert Analysis
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5th Circ. Ruling Will Spur Challenges To No-Action Letters
The Fifth Circuit's recent Clarke v. U.S. Commodity Futures Trading Commission decision that withdrawing no-action letters constitutes a final agency action subject to judicial review means federal agencies should expect more challenges to the practice, which has been criticized for failing to provide clear standards and enabling agencies to change course abruptly, say attorneys at Sidley.
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Serta Simmons Ch. 11 Expands Split On Credit Agreements
The recent confirmation of Serta Simmons' Chapter 11 plan by a Texas bankruptcy court judge furthers a split in case law between narrow interpretation of credit agreement provisions and a more holistic approach focused on the practical effect of the uptiering transaction on minority lender rights, say attorneys at Schulte Roth.
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How High Court Is Assessing Tribal Law Questions
The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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What Came Of Texas Legislature's Long-Promised Tax Relief
Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.
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Insurance Ruling Shows Notice Letters Need Close Review
A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Insurance Insights From 5th Circ. Blue Bell Coverage Ruling
The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.